By Romo H.J.R. No. 95
74R3925 JSA-D
A JOINT RESOLUTION
1-1 proposing a constitutional amendment establishing a redistricting
1-2 commission to propose redistricting plans to the legislature and
1-3 revising certain redistricting procedures.
1-4 BE IT RESOLVED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 28, Article III, Texas Constitution, is
1-6 amended to read as follows:
1-7 Sec. 28. (a) The Texas Redistricting Commission consists of
1-8 seven commissioners selected as follows:
1-9 (1) one appointed by the governor, without the advice
1-10 and consent of the senate;
1-11 (2) one appointed by the designated leader of the
1-12 members of the Texas Senate belonging to the political party having
1-13 the most members in the senate;
1-14 (3) one appointed by the designated leader of the
1-15 members of the Texas Senate belonging to the political party having
1-16 the second most members in the senate;
1-17 (4) one appointed by the designated leader of the
1-18 members of the Texas House of Representatives belonging to the
1-19 political party having the most members in the house of
1-20 representatives;
1-21 (5) one appointed by the designated leader of the
1-22 members of the Texas House of Representatives belonging to the
1-23 political party having the second most members in the house of
1-24 representatives;
2-1 (6) one appointed by the supreme court; and
2-2 (7) one appointed by an affirmative vote of at least
2-3 four of the commissioners appointed under Subdivisions (1) through
2-4 (6) of this subsection.
2-5 (b) The commissioner appointed under Subsection (b)(7) of
2-6 this section serves as presiding officer of the commission.
2-7 (c) In the year succeeding the year in which the federal
2-8 decennial census is taken, the appointing authorities shall appoint
2-9 members to the commission as provided by Subsection (a) of this
2-10 section not later than February 1. The commissioners serve terms
2-11 expiring on the earliest date on which, for each body for which the
2-12 commission is required to propose a plan, the legislature has
2-13 adopted a plan proposed by the commission or the commission has
2-14 proposed the third plan for that body. The commission does not
2-15 exist after that date until a new commission is appointed under
2-16 this section after the next federal decennial census.
2-17 (d) A person is not eligible to serve on the commission if
2-18 the person:
2-19 (1) holds an elective public office or was elected to
2-20 public office in the four years preceding the appointment to the
2-21 commission;
2-22 (2) is a parent, spouse, or child of an elected public
2-23 official;
2-24 (3) is or in the four years preceding the appointment
2-25 has been registered under a law requiring the registration of
2-26 persons engaged in influencing a matter before the legislature or
2-27 before a state agency, board, commission, or office; or
3-1 (4) is employed by the legislature or an agency in the
3-2 legislative branch of state government.
3-3 (e) A member of the commission may not be a candidate in an
3-4 election for the Texas Senate or Texas House of Representatives or
3-5 in an election in this state for the United States House of
3-6 Representatives before the fourth anniversary of the date the
3-7 person's service on the commission ends.
3-8 (f) In preparing a redistricting plan, the commission shall
3-9 consider the tabulations of population from the federal decennial
3-10 census, but may not consider any election or political information
3-11 or the location of the residence of any incumbent or potential
3-12 candidate for public office. The commission shall maintain
3-13 municipalities, counties, and communities of interest within whole
3-14 districts to the extent practicable, and shall ensure that the
3-15 voting rights of all persons are protected in accordance with state
3-16 and federal law.
3-17 (g) In a redistricting plan adopted by the commission, each
3-18 district:
3-19 (1) must contain a population as nearly equal as
3-20 practicable to the population of each other district, except that
3-21 for districts of the Texas House of Representatives the population
3-22 of a district may vary from the average district population by not
3-23 more than five percent in order to comply with Section 26 of this
3-24 article; and
3-25 (2) must contain contiguous territory and be as
3-26 compact as practicable.
3-27 (h) The commission shall propose redistricting plans for the
4-1 Texas Senate, Texas House of Representatives, and Texas
4-2 congressional delegation as required by this section. The
4-3 commission shall submit to each house of the legislature its first
4-4 proposed plan for each of those bodies not later than:
4-5 (1) March 5 of the year in which the members of the
4-6 commission are appointed if the federal decennial census for this
4-7 state is delivered to the appropriate officials of this state on or
4-8 before February 1 of that year; or
4-9 (2) the 30th day after the date the federal decennial
4-10 census for this state is delivered to the appropriate officials of
4-11 this state, if the census is delivered after February 1 of that
4-12 year.
4-13 (i) The legislature by resolution approved by a majority of
4-14 the members of each house not later than the 30th day after the
4-15 date on which the commission submits a redistricting plan to the
4-16 legislature may adopt the proposed plan. The legislature may not
4-17 amend a proposed plan or adopt a plan other than a plan proposed by
4-18 the commission. The legislature may call itself into session for
4-19 purposes of considering and adopting a proposed plan under this
4-20 section if it is not in session when a plan is proposed or pending
4-21 before the legislature.
4-22 (j) If the legislature does not adopt a proposed plan in the
4-23 period prescribed by Subsection (i), the commission shall, not
4-24 later than the 60th day after the date on which that plan was
4-25 submitted to the legislature, propose another plan for the same
4-26 body, unless the commission has already proposed three plans for
4-27 that body.
5-1 (k) A plan approved by the legislature under this section
5-2 shall be submitted to the supreme court for review. The supreme
5-3 court shall adopt procedures for reviewing a plan under this
5-4 subsection and shall provide for an interested or affected person
5-5 to submit to the court comments or objections relating to a plan
5-6 before the court, as the court considers appropriate. The court
5-7 may amend the plan as necessary to correct any clear legal
5-8 deficiency in the plan. The court shall adopt the approved or
5-9 amended plan as the redistricting plan for the body. A decision of
5-10 the court under this subsection has the same effect as a court
5-11 order issued in a contested case, except that this subsection does
5-12 not preclude an appropriate legal challenge to a plan approved or
5-13 amended by the court under this subsection by any person.
5-14 (l) If the legislature does not approve any of the plans
5-15 proposed by the commission for a body for which the commission is
5-16 required to propose a plan under this section, the supreme court
5-17 shall prepare and adopt a plan for that body. A plan adopted by
5-18 the supreme court must comply with Subsections (f) and (g) of this
5-19 section.
5-20 (m) A plan adopted by the supreme court under this section
5-21 is effective for each election for which the period for filing as a
5-22 candidate begins after the date the plan is adopted, until a new
5-23 plan is adopted for the same body under this section after the next
5-24 federal decennial census. The legislature by general law may amend
5-25 a plan adopted under this section only if a court finds that the
5-26 plan is invalid under law.
5-27 (n) The legislature shall appropriate funds or provide staff
6-1 and other support to enable the commission to carry out its duties.
6-2 <The Legislature shall, at its first regular session after the
6-3 publication of each United States decennial census, apportion the
6-4 state into senatorial and representative districts, agreeable to
6-5 the provisions of Sections 25, 26, and 26-a of this Article. In the
6-6 event the Legislature shall at any such first regular session
6-7 following the publication of a United States decennial census, fail
6-8 to make such apportionment, same shall be done by the Legislative
6-9 Redistricting Board of Texas, which is hereby created, and shall be
6-10 composed of five (5) members, as follows: The Lieutenant Governor,
6-11 the Speaker of the House of Representatives, the Attorney General,
6-12 the Comptroller of Public Accounts and the Commissioner of the
6-13 General Land Office, a majority of whom shall constitute a quorum.
6-14 Said Board shall assemble in the City of Austin within ninety (90)
6-15 days after the final adjournment of such regular session. The Board
6-16 shall, within sixty (60) days after assembling, apportion the state
6-17 into senatorial and representative districts, or into senatorial or
6-18 representative districts, as the failure of action of such
6-19 Legislature may make necessary. Such apportionment shall be in
6-20 writing and signed by three (3) or more of the members of the Board
6-21 duly acknowledged as the act and deed of such Board, and, when so
6-22 executed and filed with the Secretary of State, shall have force
6-23 and effect of law. Such apportionment shall become effective at
6-24 the next succeeding statewide general election. The Supreme Court
6-25 of Texas shall have jurisdiction to compel such Commission to
6-26 perform its duties in accordance with the provisions of this
6-27 section by writ of mandamus or other extraordinary writs
7-1 conformable to the usages of law. The Legislature shall provide
7-2 necessary funds for clerical and technical aid and for other
7-3 expenses incidental to the work of the Board, and the Lieutenant
7-4 Governor and the Speaker of the House of Representatives shall be
7-5 entitled to receive per diem and travel expense during the Board's
7-6 session in the same manner and amount as they would receive while
7-7 attending a special session of the Legislature. This amendment
7-8 shall become effective January 1, 1951.>
7-9 SECTION 2. Subsections (e) and (i), Section 7a, Article V,
7-10 Texas Constitution, are amended to read as follows:
7-11 (e) Unless the legislature enacts a statewide
7-12 reapportionment of the judicial districts following each federal
7-13 decennial census, the board shall convene not later than the first
7-14 Monday of June of the third year following the year in which the
7-15 federal decennial census is taken to make a statewide
7-16 reapportionment of the districts. The board shall complete its
7-17 work on the reapportionment and file its order with the secretary
7-18 of state not later than August 31 of the same year. <If the
7-19 Judicial Districts Board fails to make a statewide apportionment by
7-20 that date, the Legislative Redistricting Board established by
7-21 Article III, Section 28, of this constitution shall make a
7-22 statewide reapportionment of the judicial districts not later than
7-23 the 150th day after the final day for the Judicial Districts Board
7-24 to make the reapportionment.>
7-25 (i) The legislature or<,> the Judicial Districts Board<, or
7-26 the Legislative Redistricting Board> may not redistrict the
7-27 judicial districts to provide for any judicial district smaller in
8-1 size than an entire county except as provided by this section.
8-2 Judicial districts smaller in size than the entire county may be
8-3 created subsequent to a general election where a majority of the
8-4 persons voting on the proposition adopt the proposition "to allow
8-5 the division of ____________ County into judicial districts
8-6 composed of parts of ____________ County." No redistricting plan
8-7 may be proposed or adopted by the legislature or<,> the Judicial
8-8 Districts Board<, or the Legislative Redistricting Board> in
8-9 anticipation of a future action by the voters of any county.
8-10 SECTION 3. Section 26a, Article III, Texas Constitution, is
8-11 repealed.
8-12 SECTION 4. This proposed constitutional amendment shall be
8-13 submitted to the voters at an election to be held November 7, 1995.
8-14 The ballot shall be printed to permit voting for or against the
8-15 following proposition: "The constitutional amendment to establish a
8-16 state redistricting commission and to revise the procedures for
8-17 redistricting the Texas Legislature and Texas congressional
8-18 districts."